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IN THE MATTER OF TITLE, SUBMISSION CLAUSE FOR 2009-2010 # 91

No. 10SA135.

235 P.3d 1071 (2010)

In the Matter of the TITLE, BALLOT TITLE and SUBMISSION CLAUSE FOR 2009-2010 # 91. Christopher Howes, Objector, Petitioner v. Richard G. Brown and Garald L. Barber, Proponents, Respondents and William A. Hobbs, Sharon Eubanks, and Geoff Blue, Title Board.

Supreme Court of Colorado, En Banc.

June 28, 2010.

Attorney(s) appearing for the Case

Scott E. Gessler, Mario D. Nicolais, II, Steven A. Klenda, Hackstaff Gessler LLC, Denver, Colorado, Attorneys for Petitioner.

Richard G. Brown, Pro Se Respondent.

Garald L. Barber, Pro Se Respondent.

No appearance by or on behalf of the Ballot Title Setting Board.

Justice HOBBS delivered the Opinion of the Court.

Christopher Howes, a registered elector of the State of Colorado, filed this original proceeding pursuant to section 1-40-107(2), C.R.S. (2009), to challenge the Title Board's action in setting the title, ballot title and submission clause, and summary for 2009-2010 Initiative # 91 ("Initiative # 91"). Under the stated broad purpose "to protect and preserve the waters of the state," Initiative # 91 proposes a constitutional...

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